The agreement prohibits users from participating in class actions, representative actions, collective arbitrations, or private attorney general actions against Walgreens, even for users who have opted out of the arbitration requirement.
This analysis describes what Walgreens's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This waiver eliminates the user's access to a jury, to class-wide relief, and to court proceedings of any kind, significantly restricting the procedural options available to pursue a dispute against Walgreens.
Under this clause, consumers agree to bring any claims against Walgreens only as individuals, not as part of a class or representative action, including private attorney general actions. This applies even to consumers who have opted out of the arbitration requirement, meaning the class action waiver operates independently of the arbitration clause.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
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"REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND.— Excerpt from Walgreens's Walgreens Terms of Use
(1) REGULATORY LANDSCAPE: The enforceability of class action waivers in consumer contracts is governed by a combination of the Federal Arbitration Act, state consumer protection statutes, and court interpretations. California's Private Attorneys General Act (PAGA) has been the subject of ongoing litigation regarding the enforceability of PAGA waivers in consumer and employment agreements; the applicability to this consumer context should be evaluated under current California law. The FTC and State Attorneys General have enforcement authority over consumer contract terms that may be deemed unfair or deceptive. (2) GOVERNANCE EXPOSURE: High. The class action waiver extends to users who have opted out of arbitration, meaning these users remain barred from class proceedings in court as well. The waiver of private attorney general actions may face enforceability challenges in California and other states that recognize statutory representative action rights that cannot be contractually waived. (3) JURISDICTION FLAGS: California presents heightened exposure due to established judicial scrutiny of combined arbitration and class action waivers in consumer contracts. New Jersey's Consumer Fraud Act may limit enforceability of class waivers in certain consumer contexts. The document's severability clause provides that if the class arbitration prohibition is found unenforceable, the entire arbitration agreement is voided as to that dispute, which creates a defined fallback mechanism. (4) CONTRACT AND VENDOR IMPLICATIONS: The independent operation of the class action waiver from the arbitration opt-out creates a compound contractual structure that procurement and legal teams should document separately when assessing litigation exposure in commercial arrangements with Walgreens. (5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the class action waiver's application to opted-out users is enforceable in the jurisdictions where the majority of users reside, particularly California. Internal litigation protocols should account for the possibility that this waiver may not be upheld in all jurisdictions, creating a need for contingency procedures for class or representative action exposure.
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This waiver eliminates the user's access to a jury, to class-wide relief, and to court proceedings of any kind, significantly restricting the procedural options available to pursue a dispute against Walgreens.
Under this clause, consumers agree to bring any claims against Walgreens only as individuals, not as part of a class or representative action, including private attorney general actions. This applies even to consumers who have opted out of the arbitration requirement, meaning the class action waiver operates independently of the arbitration clause.
ConductAtlas has identified this type of provision across 199 platforms. See the full comparison.
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